The African Court held that N'Guessan Yao Ange's application was inadmissible for failure to exhaust local remedies, despite confirming its jurisdiction.
The African Court reopened pleadings in Sadick Marwa Kisase v Tanzania, accepted Tanzania’s late reparations response, and allowed the applicant to reply.
Jonas v United Republic of Tanzania (Application No. 011/2015) [2017] AfCHPR 8 (28 September 2017)
Court
African Court on Human and Peoples Rights
Case number
Application No. 011/2015
Judge
Ben Achour J, Bensaoula J, Bossa J, Chizumila J, Eno R, Guissè J, Matusse J, Mengue J, Mukamulisa J, Niyungeko J, Orè P
The Court found that the applicant, an indigent person facing a serious criminal charge and severe punishment, was not afforded free legal assistance by the respondent State at any stage of the criminal proceedings. The State failed in its positive obligation to inform and provide legal counsel, as required by Article 7(1)(c) of the African Charter and Article 14(3)(d) of the ICCPR. The Court held that exhaustion of local remedies was satisfied by the applicant's appeal to the highest national court, and that extraordinary remedies such as constitutional petition or review were not obligatory…